ZONING BOARD OF ADJUSTMENT
June 30, 2011
The meeting was called to order at 7:05 p.m.
Roll Call: Present were Larry Ordway, Chairman; Paul Boniface; Kim Crapo, Alternate and Joyce Ingerson, Alternate. Excused was Julie Matthews, Vice Chairman. Roderick Cole was absent.
J. Ingerson and K. Crapo were appointed voting members for the meeting.
Minutes of April 30, 2011
L. Ordway motioned, second by K. Crapo, to approve the minutes of the April 28, 2011 meeting.
K. Crapo asked that a grammatical error be fixed on page two of the minutes; there are no chemicals instead of there is no chemicals.
There is no further discussion on the motion and the vote is 3-0-1; J. Ingerson abstained.
L. Ordway explained to the applicants that only four Board members present; if the Board splits the application is denied and if there are three yes votes it is granted. L. Ordway told the applicants that it is their right to postpone if they wish and to let the Board know of their decision when their case comes before the Board.
#11-04: A request from Marie Peluso for a special exception under Article X, all sections, to permit a home occupation, namely a one-chair hair salon. The property is located at 8 Palmer Ave, Tax Map 52, Lot 25, in the MDR District. The property owner of record is Maryann Vaillancourt.
It was stated for the record that written permission from the property owner was received.
Marie Peluso, 8 Palmer Ave., was present for the application. She stated that she wanted to proceed with the hearing. She explained that she wants to open a small one-chair hair salon in her home.
The Board reviewed the criteria for the granting of a home occupation special exception noting the following:
- The application qualifies for a home occupation under § 220-66, Section B – one-chair beauty parlor
- The business will not be injurious, noxious or offensive to neighborhood
- The home has been a residence for a number of years and was a daycare center at one time
- She has written permission from the property owner
- The business will be in 21% of the home
- The business use will not change the character of the property
- There will be no storage nor will she sell hair care products/merchandise.
- There will be a free standing sign on the front lawn on the side of the driveway
- Marie Peluso will be the only employee with the exception of one person at a time to fill in when she is on vacation
- There is plenty of parking in both the front and rear of the property
L. Ordway asked if the rear parking was tarred and was answered yes.
L. Ordway noted that the board has a sketch of the property and that he read the deed and there is nothing there to prevent this.
L. Ordway explained that the Building Inspector has the right to inspect the property at anytime and can do so periodically. He added that if she is granted the special exception, it is good for three years and then there is a $100.fee to continue it.
L. Ordway asked for clarification about the septic system; she had submitted something to the Town which was approved, but is still awaiting State approval.
M. Peluso replied that she did get one approval in the mail but is waiting for the States approval. She hopes it will come any day.
L. Ordway stated that if the Board grants the petition they will amend it to require the State permit.
L. Ordway asked if there were any more questions from the Board.
K. Crapo asked what kinds of things (services) she will do at the salon; what kinds of smells will there be (noxious).
M. Peluso replied perms, colors, and things you would find in any beauty salon. She added that nothing should be offensive; that if you were sitting more than five feet away it would not be offensive.
L. Ordway asked if she had outside fans or vents.
M. Peluso answered no, just windows that can be opened.
L. Ordway asked if there were any further questions from the Board and there were none. He asked if there was anyone speaking in favor of the petition.
Maryann Vaillancourt, property owner of 8 Palmer Ave, was present and stated that she is in favor of the application.
L. Ordway asked if there was anyone to speak in opposition to the application. There was no one and the matter was closed.
L. Ordway explained the deliberations process and that there could be no additional input from anyone. He added that they will receive written notice of decision within ten (10) business days, but that they cannot do anything for 30 days in case someone wants to appeal the decision.
#11-05 A request from Chad Putney and Stephanie Young for a variance from Article V, Table 220-321, to permit a deck to be constructed within 5 feet of the side property line, where 15 feet is the minimum required. The property is located at 115 Main St, Tax Map 40, Lot 78, in the CII/VD District. The applicants are the property owners of record.
Present was Ken Putney, representing Chad Putney. He handed the Board written permission from C. Putney to represent him. K. Putney stated that he is C. Putney’s father. He handed out packets for the Board members and reviewed the contents of the packets including the following:
- A letter to the Board from C. Putney and S. Young stating what they propose
- They propose to remove the current 10’X8’ deck and replace it with a 13’X16’ deck
- The deck will set five feet from the property line, same as the old deck, but will set farther back and to the right; he added that the property line is to the left
- The same two staircases will be moved out to the new size of the deck
- The neighbors and abutters will not be affected.
- They have two letters from direct abutters in favor of the application
K. Putney noted that pictures are in the packet which shows what they are proposing to do.
L. Ordway asked for clarification that the distance between 117 Main St. and 115 Main St. is 30 feet.
K. Putney replied that they are 25 feet apart, from the corner of the barn to the corner of C. Putney’s house (as the pictures show).
L. Ordway asked if one of the letters they have is from the owner of 117 Main St. and was answered yes. He asked if there was anyone in the back who would be affected.
K. Putney answered that they cannot see it as it is all overgrowth. He added that he thinks there is a business there.
L. Ordway asked if the new stairway would extend beyond the 13’X16’ deck.
K. Putney replied yes, the steps will be off of the 13’X16’ deck.
J. Ingerson asked if they still have a pool there.
K. Putney answered no; it was filled in.
J. Ingerson stated that the pictures show a pool and a gazebo.
K. Putney said there is a gazebo but the pool has been filled in.
K. Crapo asked who put the original deck on the house.
K. Putney answered that he did not know; it has been there as long as they know.
K. Crapo stated that she would like to know if there was a variance for the original deck and asked how they would find that out.
L. Ordway asked when the house was built.
K. Putney replied in the late 1800’s.
L. Ordway explained that back when the deck was probably built the zoning laws were different, elementary, then.
K. Crapo asked if the deck would be grandfathered in if they stayed on that line.
L. Ordway replied that if they stayed on that line they would still need to come in for a variance and the Board would be more favorable than if they wanted to move it closer to the property line.
J. Ingerson stated that the paperwork said all the abutters had been notified. She added that the person listed at 111 Main Street does not own that property anymore, Sue Roix. She asked if this would be a housekeeping issue as to whether the true owner of the property has been notified.
There was some discussion on the issue and the Board decided that there was no way to find out tonight if the new owner of 111 Main Street has been notified and all of the abutters need to be notified.
K. Putney asked for a postponement.
L. Ordway explained that someone will need to check to make sure they have the right abutter then C. Putney can come before the Board again next month.
L. Ordway motioned, second by P. Boniface, to grant the request for a postponement.
There was no discussion on the motion and the vote was 4-0-0 U/A.
DELIBERATIONS
#11-04: A request from Marie Peluso for a special exception under Article X, all sections, to permit a home occupation, namely a one-chair hair salon. The property is located at 8 Palmer Ave, Tax Map 52, Lot 25, in the MDR District. The property owner of record is Maryann Vaillancourt.
P. Boniface motioned to grant, second by J. Ingerson, a special exception for a one-chair hair salon home occupation.
L. Ordway summarized the application noting the following:
- The salon will use 21% of her home
- She will cut, color, and perm hair
- There will be no outside storage of merchandise
- There will be a 3 foot sign, free standing, on the side of the driveway
- There is plenty of parking both in the front and rear of the home
- No noxious odors will be outside the salon
Standard home occupation
L. Ordway stated that they didn’t ask if all the meters would be on the same meter, but said that he would assume they would be.
J. Ingerson asked for clarification of how many employees would be working there.
L. Ordway said the owner and one more; a one chair salon so not more than one person at a time.
L. Ordway wanted it noted for the record that if approved all NH septic permits must be obtained and a copy given to the Boards secretary (meaning the Board’s Administrative Assistant).
There was no more discussion on this matter. The vote was 4-0-0 U/A.
There was no further business before the Board. The meeting was adjourned at 7:38 p.m.
Respectfully Submitted,
Laurie Pagnottaro
Recording Secretary
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